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12 U.S.C. § 5217 — Reports

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5217 — Reports

**(a) In general** Before the expiration of the 60-day period beginning on the date of the first exercise of the authority granted in [section 5211(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5211/a&num=0&edition=prelim), or of the first exercise of the authority granted in [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim), whichever occurs first, and every 30-day period thereafter, the Secretary shall report to the appropriate committees of Congress, with respect to each such period— (1) an overview of actions taken by the Secretary, including the considerations required by [section 5213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5213&num=0&edition=prelim) and the efforts under [section 5219 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5219&num=0&edition=prelim); (2) the actual obligation and expenditure of the funds provided for administrative expenses by [section 5228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5228&num=0&edition=prelim) during such period and the expected expenditure of such funds in the subsequent period; and (3) a detailed financial statement with respect to the exercise of authority under this chapter, including— (A) all agreements made or renewed; (B) all insurance contracts entered into pursuant to [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim); (C) all transactions occurring during such period, including the types of parties involved; (D) the nature of the assets purchased;

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Stable record: federal_law:legal_authorities:record_usc_660b2d1c4490b01babf552c7
Source file: Laws/federal/codes/united-states-code/title-12/section-5217-reports--c7fd0d9994.md
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Passage SHA-256: 1b84e2c2967b3146cb9ee1e5f15aa81f20b9e1bf4bc157f30861bf41fc8a1e94

Source location: Title 12, Chapter 52, § 5217; chapter-052-emergency-economic-stabilization.md

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**(a) In general** Before the expiration of the 60-day period beginning on the date of the first exercise of the authority granted in [section 5211(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5211/a&num=0&edition=prelim), or of the first exercise of the authority granted in [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim), whichever occurs first, and every 30-day period thereafter, the Secretary shall report to the appropriate committees of Congress, with respect to each such period— (1) an overview of actions taken by the Secretary, including the considerations required by [section 5213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5213&num=0&edition=prelim) and the efforts under [section 5219 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5219&num=0&edition=prelim); (2) the actual obligation and expenditure of the funds provided for administrative expenses by [section 5228 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5228&num=0&edition=prelim) during such period and the expected expenditure of such funds in the subsequent period; and (3) a detailed financial statement with respect to the exercise of authority under this chapter, including— (A) all agreements made or renewed; (B) all insurance contracts entered into pursuant to [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim); (C) all transactions occurring during such period, including the types of parties involved; (D) the nature of the assets purchased; (E) all projected costs and liabilities; (F) operating expenses, including compensation for financial agents; (G) the valuation or pricing method used for each transaction; and (H) a description of the vehicles established to exercise such authority. **(b) Tranche reports to Congress** (1) **Reports** — The Secretary shall provide to the appropriate committees of Congress, at the times specified in paragraph (2), a written report, including— (A) a description of all of the transactions made during the reporting period; (B) a description of the pricing mechanism for the transactions; (C) a justification of the price paid for and other financial terms associated with the transactions; (D) a description of the impact of the exercise of such authority on the financial system, supported, to the extent possible, by specific data; (E) a description of challenges that remain in the financial system, including any benchmarks yet to be achieved; and (F) an estimate of additional actions under the authority provided under this chapter that may be necessary to address such challenges. (2) **Timing** — The report required by this subsection shall be submitted not later than 7 days after the date on which commitments to purchase troubled assets under the authorities provided in this chapter first reach an aggregate of $50,000,000,000 and not later than 7 days after each $50,000,000,000 interval of such commitments is reached thereafter. **(c) Regulatory modernization report** The Secretary shall review the current state of the financial markets and the regulatory system and submit a written report to the appropriate committees of Congress not later than April 30, 2009, analyzing the current state of the regulatory system and its effectiveness at overseeing the participants in the financial markets, including the over-the-counter swaps market and government-sponsored enterprises, and providing recommendations for improvement, including— (1) recommendations regarding— (A) whether any participants in the financial markets that are currently outside the regulatory system should become subject to the regulatory system; and (B) enhancement of the clearing and settlement of over-the-counter swaps; and (2) the rationale underlying such recommendations. **(d) Sharing of information** Any report required under this section shall also be submitted to the Congressional Oversight Panel established under [section 5233 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5233&num=0&edition=prelim). **(e) Sunset** The reporting requirements under this section shall terminate on the later of— (1) the date that the last troubled asset acquired by the Secretary under [section 5211 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5211&num=0&edition=prelim) has been sold or transferred out of the ownership or control of the Federal Government; or (2) the date of expiration of the last insurance contract issued under [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5212 — Definitions

For purposes of this chapter, the following definitions shall apply: (1) **Appropriate committees of Congress** — The term “appropriate committees of Congress” means— (A) the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on Financial Services, the Committee on Ways and Means, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) **Board** — The term “Board” means the Board of Governors of the Federal Reserve System. (3) **Congressional support agencies** — The term “congressional support agencies” means the Congressional Budget Office and the Joint Committee on Taxation. (4) **Corporation** — The term “Corporation” means the Federal Deposit Insurance Corporation. (5) **Financial institution** — The term “financial institution” means any institution, including, but not limited to, any bank, savings association, credit union, security broker or dealer, or insurance company, established and regulated under the laws of the United States or any State, territory, or possession of the United States, the District of Columbia, Commonwealth of Puerto Rico, Commonwealth of Northern Mariana Islands, Guam, American Samoa, or the United States Virgin Islands, and having significant operations in the United States, but excluding any central bank of, or institution owned by, a foreign government. (6) **Fund** — The term “Fund” means the Troubled Assets Insurance Financing Fund established under [section 5212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section5212&num=0&edition=prelim). (7) **Secretary** — The term “Secretary” means the Secretary of the Trea

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5211 — Purposes

The purposes of this chapter are— (1) to immediately provide authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability to the financial system of the United States; and (2) to ensure that such authority and such facilities are used in a manner that— (A) protects home values, college funds, retirement accounts, and life savings; (B) preserves homeownership and promotes jobs and economic growth; (C) maximizes overall returns to the taxpayers of the United States; and (D) provides public accountability for the exercise of such authority.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5228 — Oversight and audits

**(a) Comptroller General oversight** (1) **Scope of oversight** — The Comptroller General of the United States shall, upon establishment of the troubled assets relief program 11 So in original. Probably should be “Troubled Asset Relief Program”. under this chapter (in this section referred to as the “TARP”), commence ongoing oversight of the activities and performance of the TARP and of any agents and representatives of the TARP (as related to the agent or representative’s activities on behalf of or under the authority of the TARP), including vehicles established by the Secretary under this chapter. The subjects of such oversight shall include the following: (A) The performance of the TARP in meeting the purposes of this chapter, particularly those involving— (i) foreclosure mitigation; (ii) cost reduction; (iii) whether it has provided stability or prevented disruption to the financial markets or the banking system; (iv) whether it has protected taxpayers; and (v) public accountability for the exercise of such authority, including with respect to actions taken by those entities participating in programs established under this chapter. (B) The financial condition and internal controls of the TARP, its representatives and agents. (C) Characteristics of transactions and commitments entered into, including transaction type, frequency, size, prices paid, and all other relevant terms and conditions, and the timing, duration and terms of any future commitments to purchase assets. (D) Characteristics and disposition of acquired assets, including type, acquisition price, current market value, sale prices and terms, and use of proceeds from sales. (E) Efficiency of the operations of the TARP in the use of appropriated funds. (F) Compl

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5228

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5213 — Purchases of troubled assets

**(a) Offices; authority** (1) **Authority** — The Secretary is authorized to establish the Troubled Asset Relief Program (or “TARP”) to purchase, and to make and fund commitments to purchase, troubled assets from any financial institution, on such terms and conditions as are determined by the Secretary, and in accordance with this chapter and the policies and procedures developed and published by the Secretary. (2) **Commencement of program** — Establishment of the policies and procedures and other similar administrative requirements imposed on the Secretary by this chapter are not intended to delay the commencement of the TARP. (3) **Establishment of Treasury office** (A) *In general* — The Secretary shall implement any program under paragraph (1) through an Office of Financial Stability, established for such purpose within the Office of Domestic Finance of the Department of the Treasury, which office shall be headed by an Assistant Secretary of the Treasury, appointed by the President, by and with the advice and consent of the Senate, except that an interim Assistant Secretary may be appointed by the Secretary. (B) *Omitted* **(b) Consultation** In exercising the authority under this section, the Secretary shall consult with the Board, the Corporation, the Comptroller of the Currency, the Director of the Office of Thrift Supervision, the Chairman of the National Credit Union Administration Board, and the Secretary of Housing and Urban Development. **(c) Necessary actions** The Secretary is authorized to take such actions as the Secretary deems necessary to carry out the authorities in this chapter, including, without limitation, the following: (1) The Secretary shall have direct hiring authority with respect to the appointment of employees to administer t

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 5213

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5219 — Contracting procedures

**(a) Streamlined process** For purposes of this chapter, the Secretary may waive specific provisions of the Federal Acquisition Regulation upon a determination that urgent and compelling circumstances make compliance with such provisions contrary to the public interest. Any such determination, and the justification for such determination, shall be submitted to the Committees on Oversight and Government Reform and Financial Services of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Banking, Housing, and Urban Affairs of the Senate within 7 days. **(b) Additional contracting requirements** In any solicitation or contract where the Secretary has, pursuant to subsection (a), waived any provision of the Federal Acquisition Regulation pertaining to minority contracting, the Secretary shall develop and implement standards and procedures to ensure, to the maximum extent practicable, the inclusion and utilization of minorities (as such term is defined in section 1204(c) of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ([12 U.S.C. 1811](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1811&num=0&edition=prelim) note)) and women, and minority- and women-owned businesses (as such terms are defined in section 1441a(r)(4) 11 See References in Text note below. of this title), and individuals with disabilities and businesses owned by individuals with disabilities (for purposes of this subsection the term “individual with disability” has the same meaning as the term “handicapped individual” as that term is defined in [section 632(f) of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632/f&num=0&edition=prelim)), in that solicitation or contract

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5201 — Emergency treatment

All provisions of this chapter are designated as an emergency requirement and necessary to meet emergency needs pursuant to section 204(a) of S. Con. Res 11 So in original. Probably should be followed by a period. 21 (110th Congress), the concurrent resolution on the budget for fiscal year 2008 and rescissions of any amounts provided in this chapter shall not be counted for purposes of budget enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5233 — Public-Private Investment Program; additional appropriations for the Special Inspector General for the Troubled Asset Relief Program

**(a) Short title** This section may be cited as the “Public-Private Investment Program Improvement and Oversight Act of 2009”. **(b) Public-Private Investment Program** (1) **In general** — Any program established by the Federal Government to create a public-private investment fund shall— (A) in consultation with the Special Inspector General of the Trouble 11 So in original. Probably should be “Troubled”. Asset Relief Program (in this section referred to as the “Special Inspector General”), impose strict conflict of interest rules on managers of public-private investment funds to ensure that securities bought by the funds are purchased in arms-length transactions, that fiduciary duties to public and private investors in the fund are not violated, and that there is full disclosure of relevant facts and financial interests (which conflict of interest rules shall be implemented by the manager of a public-private investment fund prior to such fund receiving Federal Government financing); (B) require each public-private investment fund to make a quarterly report to the Secretary of the Treasury (in this section referred to as the “Secretary”) that discloses the 10 largest positions of such fund (which reports shall be publicly disclosed at such time as the Secretary of the Treasury determines that such disclosure will not harm the ongoing business operations of the fund); (C) allow the Special Inspector General access to all books and records of a public-private investment fund, including all records of financial transactions in machine readable form, and the confidentiality of all such information shall be maintained by the Special Inspector General; (D) require each manager of a public-private investment fund to retain all books, documents, and records rela

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 5217 — Contracting procedures

Page 1804 TITLE 12—BANKS AND BANKING § 5216 1 See References in Text note below. translated as reading ‘‘this division’’, meaning div. A of Pub. L. 110–343, Oct. 3, 2008, 122 Stat. 3765, known as the Emergency Economic Stabilization Act of 2008, to re- flect the probable intent of Congress. For complete classification of division A to the Code, see Short Title note set out under section 5201 of this title and Tables. § 5216. Rights; management; sale of troubled as- sets; revenues and sale proceeds (a) Exercise of rights The Secretary may, at any time, exercise any rights received in connection with troubled as- sets purchased under this chapter. (b) Management of troubled assets The Secretary shall have authority to manage troubled assets purchased under this chapter, in- cluding revenues and portfolio risks therefrom. (c) Sale of troubled assets The Secretary may, at any time, upon terms and conditions and at a price determined by the Secretary, sell, or enter into securities loans, re- purchase transactions, or other financial trans- actions in regard to, any troubled asset pur- chased under this chapter. (d) Transfer to Treasury Revenues of, and proceeds from the sale of troubled assets purchased under this chapter, or from the sale, exercise, or surrender of warrants or senior debt instruments acquired under sec- tion 5223 of this title shall be paid into the gen- eral fund of the Treasury for reduction of the public debt. (e) Application of sunset to troubled assets The authority of the Secretary to hold any troubled asset purchased under this chapter be- fore the termination date in section 5230 of this title, or to purchase or fund the purchase of a troubled asset under a commitment entered into before the termination date in section 5

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 5217

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